IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3743 of 2008()
1. SAJEEV, S/O.SAHADEVAN,
... Petitioner
2. SUJEESH, S/O.SOMARAJAN,
3. VINOD, S/O.YESODHA,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :/ /
O R D E R
K. HEMA, J.
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B.A.No. 3743 of 2008
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Dated this the 11th day of June, 2008
O R D E R
Application for anticipatory bail
2. According to the prosecution, petitioners along with other
accused trespassed into the shop of the defacto-complainant and they placed
sword on his neck and threatened him. They also assaulted him, after
forming into an unlawful assembly. This application is opposed. The
learned Public Prosecutor submitted that none of the accused are arrested,
since they were absconding. Swords are used for the commission of the
offence and recovery is to be effected. The petitioners are required for
custodial interrogation also.
3. The learned counsel for the petitioner submitted that this is a false
case. A side mirror of the autorickshaw happened to hit on the defacto-
complainant and there was an altercation on account of this and nothing of
the sort happened as alleged.
4. On hearing both sides I am satisfied that it is not proper to grant
anticipatory bail, especially since recovery of weapons is to be effected and
the petitioners are unable to substantiate even prima facie, the counter
BA 3743/2008 -2-
allegations made. The learned counsel for the petitioner submitted that the
petitioners are prepared to surrender before the court below. They may do
so, if so advised.
The application is dismissed.
K. HEMA,
JUDGE.
mn.